Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

FAMILY LAW ACT 1996

UK Public General Acts

Version 06/04/2010

1996 CHAPTER 27

Default Geographical Extent: E+W


  • Part I. Principles of Parts II and III
  • Part II (E+W+S+N.I.). Divorce and Separation
    • Court orders (P)
    • Marital breakdown (P)
    • Reflection and consideration (P)
    • Orders preventing divorce (P)
    • Welfare of children (P)
    • Supplementary (P)
    • Resolution of disputes (P)
    • Financial provision (P)
    • Jurisdiction and commencement of proceedings (P)
    • Intestacy (P)
    • Marriage support services
    • Interpretation (P)
  • Part IV. Family Homes and Domestic Violence
    • Rights to occupy matrimonial [F18 or civil partnership]F18 home
    • Occupation orders
    • Non-molestation orders
    • Further provisions relating to occupation and non-molestation orders
    • Enforcement powers of magistrates’ courts
    • Interim care orders and emergency protection orders
    • Transfer of tenancies
    • Dwelling-house subject to mortgage
    • Jurisdiction and procedure etc.
    • General
  • Part 4A. Forced marriage
    • Forced marriage protection orders
    • Further provision about orders
    • Arrest for breach of orders
    • Jurisdiction and procedure
    • Supplementary
  • Part V (E+W+S+N.I.). Supplemental
    Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 17/07/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/10/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 16/06/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 13/05/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 22/04/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 05/11/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 15/10/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/04/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 15/07/2011
  • Version 06/04/2010
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/01/2010
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/10/2009
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 06/04/2009
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 25/11/2008
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 03/11/2008
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/07/2007
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 03/04/2006
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 30/12/2005
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 05/12/2005
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 12/01/2004
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 13/10/2003
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 24/02/2003
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 06/04/2002
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/12/2000
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/07/2000
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/04/2000
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/11/1998
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/10/1997
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 28/07/1997
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 21/03/1997
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 04/07/1996

Introductory Text

Family Law Act 1996

1996 CHAPTER 27

An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.

[4th July 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act modified (1.10.1997) by 1986 c. 45, s. 337(3) (as amended (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 58(3) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)

Commencement Information

I1 Act partly in force at Royal Assent see s. 67.


Part I
Principles of Parts II and III



1 The general principles underlying Parts II and III.

The court and any person, in exercising functions under or in consequence of Parts II and III, shall have regard to the following general principles—

(a) that the institution of marriage is to be supported;
(b) that the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage;
(c) that a marriage which has irretrievably broken down and is being brought to an end should be brought to an end—
(i) with minimum distress to the parties and to the children affected;
(ii) with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances; and
(iii) without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end; and
(d) that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as reasonably practicable, be removed or diminished.

Part II (E+W+S+N.I.)
Divorce and Separation



Court orders (PROSPECTIVE)


2 Divorce and separation.

(1) The court may—

(a) by making an order (to be known as a divorce order) , dissolve a marriage; or
(b) by making an order (to be known as a separation order) , provide for the separation of the parties to a marriage.
(2) Any such order comes into force on being made.

(3) A separation order remains in force—

(a) while the marriage continues; or
(b) until cancelled by the court on the joint application of the parties.

3 Circumstances in which orders are made.

(1) If an application for a divorce order or for a separation order is made to the court under this section by one or both of the parties to a marriage, the court shall make the order applied for if (but only if) —

(a) the marriage has broken down irretrievably;
(b) the requirements of section 8 about information meetings are satisfied;
(c) the requirements of section 9 about the parties’ arrangements for the future are satisfied; and
(d) the application has not been withdrawn.
(2) A divorce order may not be made if an order preventing divorce is in force under section 10.

(3) If the court is considering an application for a divorce order and an application for a separation order in respect of the same marriage it shall proceed as if it were considering only the application for a divorce order unless—

(a) an order preventing divorce is in force with respect to the marriage;
(b) the court makes an order preventing divorce; or
(c) section 7(6) or (13) applies.

4 Conversion of separation order into divorce order.

(1) A separation order which is made before the second anniversary of the marriage may not be converted into a divorce order under this section until after that anniversary.

(2) A separation order may not be converted into a divorce order under this section at any time while—

(a) an order preventing divorce is in force under section 10; or
(b) subsection (4) applies.
(3) Otherwise, if a separation order is in force and an application for a divorce order—

(a) is made under this section by either or both of the parties to the marriage, and
(b) is not withdrawn,
the court shall grant the application once the requirements of section 11 have been satisfied.
(4) Subject to subsection (5) , this subsection applies if—

(a) there is a child of the family who is under the age of sixteen when the application under this section is made; or
(b) the application under this section is made by one party and the other party applies to the court, before the end of such period as may be prescribed by rules of court, for time for further reflection.
(5) Subsection (4) —

(a) does not apply if, at the time when the application under this section is made, there is an occupation order or a non-molestation order in force in favour of the applicant, or of a child of the family, made against the other party;
(b) does not apply if the court is satisfied that delaying the making of a divorce order would be significantly detrimental to the welfare of any child of the family;
(c) ceases to apply—
(i) at the end of the period of six months beginning with the end of the period for reflection and consideration by reference to which the separation order was made; or
(ii) if earlier, on there ceasing to be any children of the family to whom subsection (4) (a) applied.

Marital breakdown (PROSPECTIVE)


5 Marital breakdown.

(1) A marriage is to be taken to have broken down irretrievably if (but only if) —

(a) a statement has been made by one (or both) of the parties that the maker of the statement (or each of them) believes that the marriage has broken down;
(b) the statement complies with the requirements of section 6;
(c) the period for reflection and consideration fixed by section 7 has ended; and
(d) the application under section 3 is accompanied by a declaration by the party making the application that—
(i) having reflected on the breakdown, and
(ii) having considered the requirements of this Part as to the parties’ arrangements for the future,
the applicant believes that the marriage cannot be saved.
(2) The statement and the application under section 3 do not have to be made by the same party.

(3) An application may not be made under section 3 by reference to a particular statement if—

(a) the parties have jointly given notice (in accordance with rules of court) withdrawing the statement; or
(b) a period of one year ( “the specified period”) has passed since the end of the period for reflection and consideration.
(4) Any period during which an order preventing divorce is in force is not to count towards the specified period mentioned in subsection (3) (b).

(5) Subsection (6) applies if, before the end of the specified period, the parties jointly give notice to the court that they are attempting reconciliation but require additional time.

(6) The specified period—

(a) stops running on the day on which the notice is received by the court; but
(b) resumes running on the day on which either of the parties gives notice to the court that the attempted reconciliation has been unsuccessful.
(7) If the specified period is interrupted by a continuous period of more than 18 months, any application by either of the parties for a divorce order or for a separation order must be by reference to a new statement received by the court at any time after the end of the 18 months.

(8) The Lord Chancellor may by order amend subsection (3) (b) by varying the specified period.

Annotations:

Modifications etc. (not altering text)

C2 S. 5(3) restricted (prosp.) by 1973 c. 45, s. 5(6), Sch. 1 para. 10(2) (with Sch. 1 para. 10(1A) (as substituted (prosp.) by 1996 c. 27, s. 19(5), Sch. 3 para. 8 (with Sch. 9 para. 5))


6 Statement of marital breakdown.

(1) A statement under section 5(1) (a) is to be known as a statement of marital breakdown; but in this Part it is generally referred to as “a statement”.

(2) If a statement is made by one party it must also state that that party—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and
(b) wishes to make arrangements for the future.
(3) If a statement is made by both parties it must also state that each of them—

(a) is aware of the purpose of the period for reflection and consideration as described in section 7; and
(b) wishes to make arrangements for the future.
(4) A statement must be given to the court in accordance with the requirements of rules made under section 12.

(5) A statement must also satisfy any other requirements imposed by rules made under that section.

(6) A statement made at a time when the circumstances of the case include any of those mentioned in subsection (7) is ineffective for the purposes of this Part.

(7) The circumstances are—

(a) that a statement has previously been made with respect to the marriage and it is, or will become, possible—
(i) for an application for a divorce order, or
(ii) for an application for a separation order,
to be made by reference to the previous statement;
(b) that such an application has been made in relation to the marriage and has not been withdrawn;
(c) that a separation order is in force.

Reflection and consideration (PROSPECTIVE)


7 Period for reflection and consideration.

(1) Where a statement has been made, a period for the parties—

(a) to reflect on whether the marriage can be saved and to have an opportunity to effect a reconciliation, and
(b) to consider what arrangements should be made for the future,
must pass before an application for a divorce order or for a separation order may be made by reference to that statement.
(2) That period is to be known as the period for reflection and consideration.

(3) The period for reflection and consideration is nine months beginning with the fourteenth day after the day on which the statement is received by the court.

(4) Where—

(a) the statement has been made by one party,
(b) rules made under section 12 require the court to serve a copy of the statement on the other party, and
(c) failure to comply with the rules causes inordinate delay in service,
the court may, on the application of that other party, extend the period for reflection and consideration.
(5) An extension under subsection (4) may be for any period not exceeding the time between—

(a) the beginning of the period for reflection and consideration; and
(b) the time when service is effected.
(6) A statement which is made before the first anniversary of the marriage to which it relates is ineffective for the purposes of any application for a divorce order.

(7) Subsection (8) applies if, at any time during the period for reflection and consideration, the parties jointly give notice to the court that they are attempting a reconciliation but require additional time.

(8) The period for reflection and consideration—

(a) stops running on the day on which the notice is received by the court; but
(b) resumes running on the day on which either of the parties gives notice to the court that the attempted reconciliation has been unsuccessful.
(9) If the period for reflection and consideration is interrupted under subsection (8) by a continuous period of more than 18 months, any application by either of the parties for a divorce order or for a separation order must be by reference to a new statement received by the court at any time after the end of the 18 months.

(10) Where an application for a divorce order is made by one party, subsection (13) applies if—

(a) the other party applies to the court, within the prescribed period, for time for further reflection; and
(b) the requirements of section 9 (except any imposed under section 9(3) ) are satisfied.
(11) Where any application for a divorce order is made, subsection (13) also applies if there is a child of the family who is under the age of sixteen when the application is made.

(12) Subsection (13) does not apply if—

(a) at the time when the application for a divorce order is made, there is an occupation order or a non-molestation order in force in favour of the applicant, or of a child of the family, made against the other party; or
(b) the court is satisfied that delaying the making of a divorce order would be significantly detrimental to the welfare of any child of the family.
(13) If this subsection applies, the period for reflection and consideration is extended by a period of six months, but—

(a) only in relation to the application for a divorce order in respect of which the application under subsection (10) was made; and
(b) without invalidating that application for a divorce order.
(14) A period for reflection and consideration which is extended under subsection (13) , and which has not otherwise come to an end, comes to an end on there ceasing to be any children of the family to whom subsection (11) applied.

Annotations:

Modifications etc. (not altering text)

C3 S. 7(9) restricted (prosp.) by 1973 c. 45, s. 5(6), Sch. 1 para. 10(1A) (as substituted (prosp.) by 1996 c. 27, s. 19(5), Sch. 3 para. 8 (with Sch. 9 para. 5))


8 Attendance at information meetings.

(1) The requirements about information meetings are as follows.

(2) A party making a statement must (except in prescribed circumstances) have attended an information meeting not less than three months before making the statement.

(3) Different information meetings must be arranged with respect to different marriages.

(4) In the case of a statement made by both parties, the parties may attend separate meetings or the same meeting.

(5) Where one party has made a statement, the other party must (except in prescribed circumstances) attend an information meeting before—

(a) making any application to the court—
(i) with respect to a child of the family; or
(ii) of a prescribed description relating to property or financial matters; or
(b) contesting any such application.
(6) In this section “information meeting” means a meeting organised, in accordance with prescribed provisions for the purpose—

(a) of providing, in accordance with prescribed provisions, relevant information to the party or parties attending about matters which may arise in connection with the provisions of, or made under, this Part or Part III; and
(b) of giving the party or parties attending the information meeting the opportunity of having a meeting with a marriage counsellor and of encouraging that party or those parties to attend that meeting.
(7) An information meeting must be conducted by a person who—

(a) is qualified and appointed in accordance with prescribed provisions; and
(b) will have no financial or other interest in any marital proceedings between the parties.
(8) Regulations made under this section may, in particular, make provision—

(a) about the places and times at which information meetings are to be held;
(b) for written information to be given to persons attending them;
(c) for the giving of information to parties (otherwise than at information meetings) in cases in which the requirement to attend such meetings does not apply;
(d) for information of a prescribed kind to be given only with the approval of the Lord Chancellor or only by a person or by persons approved by him; and
(e) for information to be given, in prescribed circumstances, only with the approval of the Lord Chancellor or only by a person, or by persons, approved by him.
(9) Regulations made under subsection (6) must, in particular, make provision with respect to the giving of information about—

(a) marriage counselling and other marriage support services;
(b) the importance to be attached to the welfare, wishes and feelings of children;
(c) how the parties may acquire a better understanding of the ways in which children can be helped to cope with the breakdown of a marriage;
(d) the nature of the financial questions that may arise on divorce or separation, and services which are available to help the parties;
(e) protection available against violence, and how to obtain support and assistance;
(f) mediation;
(g) the availability to each of the parties of independent legal advice and representation;
[F1 (h) the availability of services funded by the Legal Services Commission as part of the Community Legal Service, and where parties can get advice about obtaining such services;]
(i) the divorce and separation process.
(10) Before making any regulations under subsection (6) , the Lord Chancellor must consult such persons concerned with the provision of relevant information as he considers appropriate.

(11) A meeting with a marriage counsellor arranged under this section—

(a) must be held in accordance with prescribed provisions; and
(b) must be with a person qualified and appointed in accordance with prescribed provisions.
(12) A person who would not be required to make any contribution towards mediation [F2 funded for him by the Legal Services Commission as part of the Community Legal Service] shall not be required to make any contribution towards the cost of a meeting with a marriage counsellor arranged for him under this section.

(13) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor.

Annotations:

Amendments (Textual)

F1 S. 8(9)(h) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 51(1)(2) (with Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to transitional provisions and savings in arts. 3, 4)

F2 Words in s. 8(12) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 50, 51(1)(3) (with Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to transitional provisions and savings in arts. 3, 4)


9 Arrangements for the future.

(1) The requirements as to the parties’ arrangements for the future are as follows.

(2) One of the following must be produced to the court—

(a) a court order (made by consent or otherwise) dealing with their financial arrangements;
(b) a negotiated agreement as to their financial arrangements;
(c) a declaration by both parties that they have made their financial arrangements;
(d) a declaration by one of the parties (to which no objection has been notified to the court by the other party) that—
(i) he has no significant assets and does not intend to make an application for financial provision;
(ii) he believes that the other party has no significant assets and does not intend to make an application for financial provision; and
(iii) there are therefore no financial arrangements to be made.
(3) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The requirements of section 11 must have been satisfied.

(6) Schedule 1 supplements the provisions of this section.

(7) If the court is satisfied, on an application made by one of the parties after the end of the period for reflection and consideration, that the circumstances of the case are—

(a) those set out in paragraph 1 of Schedule 1,
(b) those set out in paragraph 2 of that Schedule,
(c) those set out in paragraph 3 of that Schedule, or
(d) those set out in paragraph 4 of that Schedule,
it may make a divorce order or a separation order even though the requirements of subsection (2) have not been satisfied.
F4 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F3 S. 9(3)(4) repealed (24.2.2003) by 2002 c. 27, ss. 1(7), 2(2); S.I. 2003/186, art. 2

F4 S. 9(8) repealed (1.12.2000) by 1999 c. 30, s. 88, Sch. 13 Pt. II; S.I. 2000/1116, art. 2(g)